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Developments in harmonisation of Sharīꜥah and law on waqf

Sharīꜥah-compliant social finance products are in high demand worldwide. Waqf is one of the above instruments based on which can be designed and implemented in line with Sharīꜥah. The complexities in Malaysia due to the adoption of the dual legal system, the federal-state background, and the...

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Main Author: Mohamad, Nor Asiah
Format: Article
Language:English
Published: Ahmad Ibrahim Kulliyyah of Laws, IIUM 2024
Subjects:
KBP Islamic Law
KBP1 Islamic law.Shariah.Fiqh
Online Access:http://irep.iium.edu.my/116590/7/116590_Developments%20in%20harmonisation%20of%20Shar%C4%AB%EA%9C%A5ah%20and%20law%20on%20waqf.pdf
http://irep.iium.edu.my/116590/
https://journals.iium.edu.my/iiumlj/index.php/iiumlj/article/view/989/481
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spelling my.iium.irep.1165902024-12-12T01:49:58Z http://irep.iium.edu.my/116590/ Developments in harmonisation of Sharīꜥah and law on waqf Mohamad, Nor Asiah KBP Islamic Law KBP1 Islamic law.Shariah.Fiqh Sharīꜥah-compliant social finance products are in high demand worldwide. Waqf is one of the above instruments based on which can be designed and implemented in line with Sharīꜥah. The complexities in Malaysia due to the adoption of the dual legal system, the federal-state background, and the exclusive jurisdiction of the state on Islamic matters have, to a certain extent, produced differences in procedures and laws, as well as in the area of waqf. This paper highlights the justification for, the processes related to, and developments in the harmonisation of waqf related laws in Malaysia, within the diverse legal background of the country. It adopts the method of doctrinal analysis, looking into various laws, articles, books, and research papers. The paper argues that harmonisation initiatives involving multiple fields, including law, policy, education, and strategic cooperation, are necessary to elevate waqf beyond the social philanthropy paradigm. It is found that the position of Islamic laws in Malaysia, to a certain extent, has impacted the development of waqf, especially in the jurisdictions of Sharīꜥah Court and civil court. The recognition of Islamic finance via specific laws has contributed to designing the framework of laws on waqf. History shows that a lack of understanding of the concept of waqf, especially related to its difference from the English concept of trust and the division of power between federal and state authorities, has also influenced the slow development of waqf in Malaysia. This paper recommends standardisation of state laws and a change of mindset among administrators, which are crucial for the sustainability of waqf in Malaysia. It is hoped that this study shall contribute to the preparation of new policies and laws especially in the Malaysian context. Ahmad Ibrahim Kulliyyah of Laws, IIUM 2024-12-02 Article PeerReviewed application/pdf en http://irep.iium.edu.my/116590/7/116590_Developments%20in%20harmonisation%20of%20Shar%C4%AB%EA%9C%A5ah%20and%20law%20on%20waqf.pdf Mohamad, Nor Asiah (2024) Developments in harmonisation of Sharīꜥah and law on waqf. IIUM Law Journal, 32 (2). pp. 59-86. ISSN 0128-2530 E-ISSN 2289-7852 https://journals.iium.edu.my/iiumlj/index.php/iiumlj/article/view/989/481 10.31436/iiumlj.v32i2.989
institution Universiti Islam Antarabangsa Malaysia
building IIUM Library
collection Institutional Repository
continent Asia
country Malaysia
content_provider International Islamic University Malaysia
content_source IIUM Repository (IREP)
url_provider http://irep.iium.edu.my/
language English
topic KBP Islamic Law
KBP1 Islamic law.Shariah.Fiqh
spellingShingle KBP Islamic Law
KBP1 Islamic law.Shariah.Fiqh
Mohamad, Nor Asiah
Developments in harmonisation of Sharīꜥah and law on waqf
description Sharīꜥah-compliant social finance products are in high demand worldwide. Waqf is one of the above instruments based on which can be designed and implemented in line with Sharīꜥah. The complexities in Malaysia due to the adoption of the dual legal system, the federal-state background, and the exclusive jurisdiction of the state on Islamic matters have, to a certain extent, produced differences in procedures and laws, as well as in the area of waqf. This paper highlights the justification for, the processes related to, and developments in the harmonisation of waqf related laws in Malaysia, within the diverse legal background of the country. It adopts the method of doctrinal analysis, looking into various laws, articles, books, and research papers. The paper argues that harmonisation initiatives involving multiple fields, including law, policy, education, and strategic cooperation, are necessary to elevate waqf beyond the social philanthropy paradigm. It is found that the position of Islamic laws in Malaysia, to a certain extent, has impacted the development of waqf, especially in the jurisdictions of Sharīꜥah Court and civil court. The recognition of Islamic finance via specific laws has contributed to designing the framework of laws on waqf. History shows that a lack of understanding of the concept of waqf, especially related to its difference from the English concept of trust and the division of power between federal and state authorities, has also influenced the slow development of waqf in Malaysia. This paper recommends standardisation of state laws and a change of mindset among administrators, which are crucial for the sustainability of waqf in Malaysia. It is hoped that this study shall contribute to the preparation of new policies and laws especially in the Malaysian context.
format Article
author Mohamad, Nor Asiah
author_facet Mohamad, Nor Asiah
author_sort Mohamad, Nor Asiah
title Developments in harmonisation of Sharīꜥah and law on waqf
title_short Developments in harmonisation of Sharīꜥah and law on waqf
title_full Developments in harmonisation of Sharīꜥah and law on waqf
title_fullStr Developments in harmonisation of Sharīꜥah and law on waqf
title_full_unstemmed Developments in harmonisation of Sharīꜥah and law on waqf
title_sort developments in harmonisation of sharīꜥah and law on waqf
publisher Ahmad Ibrahim Kulliyyah of Laws, IIUM
publishDate 2024
url http://irep.iium.edu.my/116590/7/116590_Developments%20in%20harmonisation%20of%20Shar%C4%AB%EA%9C%A5ah%20and%20law%20on%20waqf.pdf
http://irep.iium.edu.my/116590/
https://journals.iium.edu.my/iiumlj/index.php/iiumlj/article/view/989/481
_version_ 1818833724117090304
score 13.222552

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